 North Dakota Bad Check Law
Sections 6-08-16 to 6-08-16.4 of the North Dakota Century Code provide both civil and criminal penalties against persons who passes bad checks.
Any person who passes a check which is dishonored within 14 days upon presentation, because of insufficient funds in, or credit with, the bank, may be subject to criminal charges of an infraction if the amount is not more than $100, a class B misdemeanor if the amount is more than $100 but not more than $500; and a class A misdemeanor if the amount is in excess of $500. If a person willfully issues a check with knowledge that he does not have an account with the drawee bank, he is guilty of a Class A misdemeanor. A repeated offense may subject the maker of similar act to a conviction of a class C felony.
In a civil action, the maker of the dishonored check may be liable for collection fees or costs not to exceed $20.00, and civil penalties of the lesser of $100 or three (3) times the amount of the check. If a collection agency recovers any additional charges, it must reimburse the original holder of the check bank charges for such dishonored check not in excess of $2.00.
A written notice of dishonored is not mandatory prior to any action filed by the holder of a dishonored check. If a written notice of dishonored is sent by the holder, it may be made by return receipt or by an affidavit of mailing signed by the individual making the mailing. The notice must be in substantially the following form:
Notice of Dishonored CheckDate: ______________________________
Name of Issuer: ______________________________
Street Address: ______________________________
City and Address: ______________________________
You are according to law notified that a check dated _________, 19_____, drawn on the _____________ Bank of _______________ in the amount of ______________ has been returned unpaid with the notation the payment has been refused because of nonsufficient funds. Within ten days from the receipt of this notice, you must pay or tender to ______________________________ sufficient moneys to pay such instrument in full and any collection fees or costs not in excess of twenty dollars.
The notice of dishonor may also contain a recital of the penal provisions for criminal penalty and the possibility of a civil action to recover any collection fees or costs or civil penalty authorized by this section.
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